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(영문) 대구지방법원 서부지원 2015.05.27 2015고정443
권리행사방해
Text

Defendant shall be punished by a fine of two million won.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On May 17, 2012, the Defendant agreed not to arbitrarily dispose of a vehicle, which is the purchased goods, without the consent of the victim, until the purchase of one set of car from the vehicle B agency located in Sungnam-si, Sungnam-si, under an installment financing agreement to obtain a loan of 10,40,000 won from the victim Aju Capital Co., Ltd. and to repay it over 36 months, and the Defendant agreed not to transfer, lend, pledge, etc., of the purchased goods, until the monetary obligation under the installment financing agreement is fully performed. The same year is applicable to the Defendant.

5. 31. 5.2 million won equivalent to 50% of the above amount of claim was set up as a mortgage on the above vehicle with the mortgagee as the victim.

Nevertheless, on November 2, 2012, when the Defendant failed to repay the principal and interest of the above loan from around April 2, 2012, the Defendant borrowed KRW 1.8 million from the person in default of name, offered and delivered the above vehicle as security, and made it impossible to identify the location of the vehicle, thereby hindering the victim’s exercise of rights by concealing the vehicle that is the object of the mortgage.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Order to deliver the motor vehicle register and the motor vehicle prior to application for auction;

1. Application form for error and the details of redemption before maturity;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 323 of the Criminal Act and Article 323 of the Criminal Act concerning the crime, the choice of fines;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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